Legal separation marks the first step to dissolving your marriage
Your legal separation agreement resolves issues related to children of the marriage, provides for custody and parenting time, and child support. During this process, couples will also categorize assets and distribute them equitably.
How do you know when legal separation makes sense?
Entering into a legal separation agreement differs from divorce in that it does not necessarily signal the ultimate dissolution of the marriage. A couple may choose to separate rather than divorce to permit, for example, a spouse to retain medical insurance coverage for the non-employee spouse, which would otherwise terminate in divorce.
Separation agreements also can help smooth a couple's transition to divorce. A legally recognized document, separation agreements can provide time for a couple to consider next steps and to catalog or distribute assets or establish childcare and custody structures. Once signed, a couple may convert the separation agreement to a judgment of divorce after the passage of one year.
If you would like to discuss whether a legal separation is appropriate to your situation, please click this link to email us or call me, Nancy D. Kellman, or my colleague Jane Stack at 914-328-0900 to schedule a call.